The new rule defining "spouse" for purposes of leave under the Family and Medical Leave Act was set to take effect today. But a federal judge in Texas yesterday temporarily blocked the rule from going into effect after attorneys general in several states that do not recognize same-sex marriage challenged it.

The plaintiffs were the states of Texas, Louisiana, Arkansas, and Nebraska ...

Thanks very much to David Phippen from our Metro D.C. Office for letting me get some depositions taken this week and allowing me to republish his analysis here.

As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the ...

Today's majority opinion of the Supreme Court in the Young pregnancy accommodation case reminded me of this scene:

https://vimeo.com/102830089

Employers are Jennifer Anniston, and Justice Breyer is Mike Judge.

I'll be back with some real information about what this decision means for employers.

March 22, 2015

Dear Diary:

Well, I got to Starbucks this morning, and Xander told me I didn't have to worry about that #RaceTogether stuff any more. I was super-excited and super-relieved! Then he told me our new topic to talk about with customers this week - the war on women. #NotanImprovement!      :-(

The EEOC's much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360, a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office of Management and Budget as we speak.

Once approved by the OMB, the proposed rule will ...

March 1

Dear Diary:

I start my new job as a Starbucks barista tomorrow. I am super-excited!!!!! I just hope I can handle the fast pace!

***

March 2

Dear Diary:

Wow! This job is hard! There is a lot to learn! But my supervisor, Xander, is super-nice (and cute, too!). When I accidentally gave a customer an Espresso Macchiato instead of a Cinnamon Dolce Latte, he said I shouldn't worry, because I ...

(St. Patrick's Day is sooooo nine hours ago!)

Ever looking to the future, we celebrate the coming April Fools' Day with this month's greatest employment law blog posts. Some of my summaries are accurate, and others are "fools' editions" - you'll have to read the actual posts to know which is which. There are so many excellent posts that I'm listing them in alphabetical order by ...

It's been a while since we've had an employment law quiz, so let's do it! This one is on retaliation. As always, the answers will be provided after each question -- you have our "no-pressure" guarantee.

1. What is retaliation?

A. Getting even with somebody because he did something you don't like.

B. Denying somebody a reward (such as a pay raise) because he did something you don't ...

Where are we these days with respect to mind-altering substances and the workplace? Here's the latest, with the "substances" discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five minutes.

ALCOHOL. Alcohol is legal, which means that it is generally recognized as the most abused of substances. Employers can prohibit its use in the ...

If you want your arbitration agreement to be enforceable, don't give it to your employee to sign while she is drunk and practically naked. At least, not in California.

We are delighted to announce that the law firm formerly known as Constangy, Brooks & Smith, LLP, is now Constangy, Brooks, Smith & Prophete, LLP, as internationally-recognized labor and employment attorney Don Prophete and 12 other outstanding labor and attorneys have joined our firm. The moves give our firm more depth, and new offices in Denver and New York City in addition to our ...